DEPARTMENT PHILOSOPHY

Transcription

1 BEM of 12 REFUGEE ASSISTANCE PROGRAM DEPARTMENT PHILOSOPHY DEPARTMENT POLICY / ELIGIBILITY PERIOD PROGRAM ADMINISTRATION MDHHS Local Office MDHHS Central Office The refugee assistance programs are federal programs which help refugees to become self-sufficient after their arrival in the U.S. Refugee Assistance Program (RAP) has two components; Refugee Cash Assistance () and Refugee Medical Assistance (). is a cash program for refugees who are not eligible for the Family Independence Program (FIP). is a medical program for refugees who are not eligible for other Medicaid (MA) programs. In addition to refugees, eligibility for and is available to certain other non U.S. citizens with specified immigration statuses, identified in the section REFUGEES in this item. Treat these individuals as refugees, for purposes of this item. and/or is available only during the eight months immediately following the refugee s date of entry into the U.S. or date asylum is granted. Month one is the month containing date of entry or date of adjustment to refugee status. Michigan Department of Health and Human Services (MDHHS) specialists determine eligibility for all programs. For participants in, the specialist must complete the manual referral to the refugee contractor. Office of Refugee Services (ORS) in central office administers the refugee assistance programs, Refugee Unaccompanied Minor Program, and Refugee Health Screenings. The Division of Family Program Policy is responsible for and policy.

2 BEM of 12 REFUGEE ASSISTANCE PROGRAM Refugee Resettlement Agencies Refugee Resettlement Agencies also known as Voluntary Agencies (VOLAGs) may provide the following services: Reception and placement services to newly arrived refugees including orientation, counseling, resettlement grants, translation/interpretation, and related services. Employability services such as English language instruction, transportation, child care, citizenship and employment authorization document assistance, translation/interpretation, and related services. Matching Grants (MG) to help refugees attain economic selfsufficiency without accessing public cash assistance. CONCURRENT RECEIPT OF BENEFITS At application, all refugees must provide the name of the resettlement or other agencies that assisted them. Individuals may voluntarily leave the MG program by applying for cash assistance. An individual may not receive MG and FIP/SDA/ concurrently. Notify the resettlement agency when a refugee applies for cash assistance. If a MG case is active, the resettlement agency must close the MG prior to cash approval. An individual may receive MG and MA/ concurrently. Notify the resettlement agency when MA/ has been approved. REFUGEES Only a person who is a refugee (or is treated as a refugee) and who is not a U.S. citizen can be eligible for /.

3 BEM of 12 REFUGEE ASSISTANCE PROGRAM United States Citizenship and Immigration Services (USCIS) determines immigration status. If the status of a refugee cannot be verified through immigration documents, contact the local resettlement agency that provided for the refugee's initial resettlement. Individuals with the following statuses may be eligible for /MA: Refugee or Asylee. An individual from any country admitted into the U.S. with the status of refugee or asylee. Documentation is an I-94, Arrival/Departure Record, indicating the Individual is one of the following: Admitted as a refugee under section 207 of the Immigration and Nationality Act (INA). Granted asylum under section 208 of the INA. Afghan and Iraqi. Individuals granted a special immigrant visa (SIV). Derivative Asylee. A spouse and/or child of a principal asylee entering the U.S. at a later date through an Asylee Relative Petition (I-730). Cuban/Haitian Entrant. An individual admitted into the U.S. from Cuba or Haiti who meets entrant criteria. Documentation is an I-94, Arrival/Departure Record, indicating the Individual was admitted into the U.S. from Cuba or Haiti and one of the following: Document is annotated as a Cuban/Haitian Entrant (Status Pending), parole, 212(d)(5) or Form I-589 Filed. Individual has letter or notice from USCIS indicating ongoing (not final) deportation, exclusion or removal proceedings. Amerasian. An individual admitted into the U.S. under P.L Documentation is one of the following documents annotated with class code AM. I-94. I-551. U.S. or Vietnamese Passport.

4 BEM of 12 REFUGEE ASSISTANCE PROGRAM Vietnamese Exit Visa (Laissez Passer). Parolee. An individual from Cuba or Haiti paroled into the U.S. under INA section 212(d)(5) for at least one year. Documentation is an I-94 annotated with INA section 212(d)(5) which has a parole end date (duration) at least one year later than the date of entry. Permanent Resident. An individual admitted for permanent residence, provided the individual previously held one of the refugee or asylee statuses identified above. Documentation is an I-551 annotated with class code RE, AS, SI, SQ,CH, or CU. Victim of Trafficking. An individual determined by the federal Office of Refugee Resettlement (ORR) to be a victim of trafficking. Documentation is both of the following: The original certification letter from ORR, or for victims under age 18, an original eligibility letter from ORR (see Exhibits I and II). Telephone contact with the ORR trafficking verification line at verifying the validity of the letter(s). Note: No other immigration documents are necessary for victims of trafficking. DATE OF ENTRY USCIS determines an individual's date of entry into the U.S. and enters it on the I-94 or other immigration document. This USCIS determination is not subject to the MDHHS fair hearing process. For asylees, acceptable alien status begins on the date asylum is granted on the I-94, or on the Asylum Approval letter, regardless of arrival date. If the date of arrival and the date asylum is granted are different, notify central office via the policy box: Policy-FIP- SDA-RAP@michigan.gov. For victims of trafficking, the date of entry is the date on the ORR certification/eligibility letter.

5 BEM of 12 REFUGEE ASSISTANCE PROGRAM For derivative asylees, acceptable alien status does not begin on the date that asylum is granted. The acceptable alien status date begins on the I-94 entry date or the date the I-730 is approved. For Afghan and Iraqi special immigrants, acceptable alien status begins with the month containing the date of entry in the U.S. ELIGIBILITY Bridges uses the following guideline when determining eligibility for refugees: Bridges determines eligibility for FIP and MA before determining eligibility for and /or. Bridges determines FIP and MA eligibility when a / recipient reports a change that indicates potential for FIP or MA eligibility for (example when an recipient becomes pregnant). eligibility factors are listed in BEM 209, Cash Assistance General Requirements and in BEM 245, School Attendance and Student Status. recipients who are not eligible for MA are automatically eligible for. Note: Excess income for MA resulting in a deductible is not considered MA eligible. See EXTENDED MEDICAL COVERAGE in this item about when may be extended. Note: An ex parte review (see Glossary) is required before a Medicaid closure when there is an actual or anticipated change; unless the change would result in closure due to ineligibility for all Medicaid categories. When possible, an ex parte review should begin at least 90 days before the anticipated change is expected to result in case closure. The review includes all consideration of all MA categories; see BAM 115, Application Processing and BAM 220, Case Actions.

6 BEM of 12 REFUGEE ASSISTANCE PROGRAM Note: A full-time student in post-secondary education is not eligible for or. The school determines full-time enrollment and attendance; see BEM 245, School Attendance and Student Status. Group Composition See BEM 215 for group composition policy. See BEM 216, Group Composition, for refugees who are not eligible for MA. FINANCIAL ELIGIBILITY FACTORS Assets Use FIP policy in BEM 400 to evaluate assets. Note: The following are special asset rules: Do not consider the assets of a refugee s sponsor in determining the refugee s eligibility. Cash assistance given to a refugee from a resettlement agency is not an asset. Use policy in BEM 400 to evaluate assets. See EXTENDED MEDICAL COVERAGE in this item Income Follow income policy in BEM 500. Income eligibility exists when net income of individuals with a EDG status of eligible or disqualified is less than the needs of the

7 BEM of 12 REFUGEE ASSISTANCE PROGRAM certified group (CG). uses the same payment standard as FIP; see RFT 210. Only Income eligibility exists when net income does not exceed the income limit of Group 2 Medicaid categories. Do not count any income received by the refugee from a refugee resettlement agency or the refugee s sponsor. Apply policy in BEM 546 if an eligible person is an L/H individual. If net income exceeds the income limit, eligibility is still possible using policy in BEM 545. See EXTENDED MEDICAL COVERAGE in this item for recipients who lose eligibility due to excess income. Income and Assets at Application At application, determine eligibility based on the group s income and assets on the date of application. Bridges uses policy in BEM 536 to determine the group's net income. Do not prospect income from a source if no income has been received by the date of application. Example: The Smith family applies on November 6, Mr. Smith has started a job but has not received his first paycheck. Do not prospect any earned income for Mr. Smith in determining initial eligibility. Income and Assets After Application After initial eligibility has been established for or MA, exclude recipient's earned income and assets for determination. Example: Mr. Smith (example above) reports receiving his first paycheck on November 7, These earnings are not counted to determine initial or ongoing eligibility.

8 BEM of 12 REFUGEE ASSISTANCE PROGRAM EXTENDED MEDICAL COVERAGE Bridges will continue or initiate coverage for refugees when all of the following are true: eligibility is lost due to excess earned income or assets. Members are within eight months of their date of entry into the U.S. or date asylum was granted. Members are not eligible for MA or MI Child. Do not require a new application; see Benefit Periods in this item. Termination Bridges will only terminate for a group member who is either of the following: No longer meets the MA eligibility factors found in BEM 220, Residence. Becomes eligible for MA. STANDARD OF PROMPTNESS Approve or deny an application for and mail the individual a notice within 30 days from the date of application; see BAM 115 for all other application processing policies. BENEFIT PERIODS Bridges sets the benefit period based on date(s) of entry. Specialists must follow-up to remove each group member whose eligibility ends before the benefit period end date. Bridges automatically stops benefits effective the month when the last group member has been in the U.S. for eight months.

9 BEM of 12 REFUGEE ASSISTANCE PROGRAM Bridges sets the redetermination date based on date(s) of entry. Note: An ex parte review (see Glossary) is required before a MA closure when there is an actual or anticipated change, unless the change would result in closure due to ineligibility for all Medicaid categories. When possible, an ex parte review should begin at least 90 days before the anticipated change is expected to result in case closure. The review includes consideration of all MA categories; see BAM 115 and 220. Benefit Issuance recipients receive a MiHealth card. Covered services for are the same as in Medicaid. Medicaid reimbursement procedures, such as billing instructions and prior authorization procedures, are used for. TRANSLATION AND INTERPRETATION SERVICES and Use the DHS-848, Certification of Translation/Interpretation for Non-English Speaking Applicants or Recipients, whenever an individual who is non-english speaking or has limited English proficiency (LEP) is provided translation/interpretation services. The 848 is documentation an individual has been provided written or verbal notice in a language they can understand. See BAM 105, RIGHTS AND RESPONSIBILITIES, for additional information regarding translation and interpretation. VERIFICATION REQUIREMENTS and Verify the refugee statuses of each individual at application or member add. See the REFUGEES section in this item for documents that verify refugee status. If the applicant provides verification of alien status other than what is listed in this item or in BEM 225, Citizenship/Alien Status, contact central office for approval of the verification documents via the policy mailbox: Policy-FIP-SDA-RAP@michigan.gov.

10 BEM of 12 REFUGEE ASSISTANCE PROGRAM Verify each refugee's date of entry into the U.S. Use the I-94, other pertinent USCIS document, or contact with USCIS to verify date of entry. Use Group 2 MA verification requirements for all other eligibility factors.

11 BEM of 12 REFUGEE ASSISTANCE PROGRAM EXHIBIT I - SAMPLE ADULT VICTIM OF TRAFFICKING ORR CERTIFICATION LETTER

12 BEM of 12 REFUGEE ASSISTANCE PROGRAM EXHIBIT II - SAMPLE CHILD VICTIM OF TRAFFICKING ORR ELIGIBILITY LETTER LEGAL BASE 45 CFR 400 P.L of 2000, Section 107